The Town of Fort Myers Beach special magistrate hearing on Oct. 30, 2025 resulted in compliance deadlines and daily fines for several property owners found to have performed work or used property in violation of the town's code. The magistrate accepted the town's evidence and testimony, set a uniform initial compliance date of Dec. 3, 2025 for multiple matters, ordered a $250-per-day fine to begin Dec. 4 for unresolved violations, and assessed a $250 administrative cost in each case. Review hearings were scheduled for Jan. 6, 2026.
The town's code compliance manager, Michael Hauserman, testified in each matter and presented notices of violation, posting affidavits, certified-mail receipts and inspection photographs as evidence. In several cases property owners or their representatives told the magistrate they had submitted permit applications or were actively working with town staff.
John K. Daniels / 2050-2052 Bahia (Case 20250819)
Michael Hauserman testified that the town observed demolition and repairs to siding, windows and roofing and other work without the required permits. The town's records and a records printout included with the exhibits showed no issued permit for the listed work; Hauserman said one permit application was in revision at the time of hearing. Joe Daniels, who identified himself as the owner's son and agent, said he began submitting required documents on Oct. 17 and that a flood-review inspection was scheduled for Oct. 31. "I'm doing everything that I can to address and solve the situation," Joe Daniels told the magistrate. The magistrate found a violation, set Dec. 3, 2025 as the compliance date, ordered $250 per day to begin Dec. 4, and assessed $250 in prosecutorial (administrative) costs. The magistrate said the deadline could be revisited if permit-processing delays beyond the owner's control prevented compliance.
140 Connecticut Street / Jennifer Ricks (Case 20250852)
Officer testimony described multiple recreational vehicles on the lot and the appearance that one was used for occupancy; town staff said only a single recreational vehicle is permitted in that subdivision and then only for dead storage. Jennifer Ricks was not present. The magistrate set Dec. 3, 2025 as the compliance date (remove one RV and discontinue residential use of any remaining RV used as living space), ordered $250-per-day fines beginning Dec. 4 if unresolved, assessed $250 costs, and scheduled a Jan. 6, 2026 status hearing.
12 Fairview Boulevard / Adrian Turner (Case 20250853)
The town presented evidence alleging unpermitted replacement of windows and a garage door and interior remodel work. Adrian Turner testified she submitted a permit application on Oct. 15 and that it was under review. The town noted at least one exterior change (a garage-door replacement) would require an after-the-fact permit. The magistrate accepted the town's exhibits, set Dec. 3, 2025 as the compliance date with fines of $250 per day beginning Dec. 4 if the property remained out of compliance, and assessed $250 administrative costs; the matter will be reviewed Jan. 6, 2026.
8010 Estero Boulevard / Tiva Invest Real LLC (Case 20250988)
The town's exhibits included pre- and post-demolition photographs from the Lee County Property Appraiser showing a residential structure removed from a lot. Hauserman said the demolition appeared to have been performed without an after-the-fact demolition permit. No representative for Tiva Invest Real LLC appeared. The magistrate made a final finding of demolition without a permit, set Dec. 3, 2025 as the compliance date, ordered $250 per day to begin Dec. 4 if the property remained noncompliant, assessed $250 administrative costs and scheduled a Jan. 6, 2026 status review.
7846 Buccaneer Drive / Mark and Sherry Brooks (Case 20250811)
Testimony and exhibits alleged windows, doors and shutters and a garage door were replaced without permits. The Brookses appeared and said they had submitted an after-the-fact application for windows and doors and would provide required information for the garage door. The magistrate set Dec. 3, 2025 as the compliance date, ordered $250-per-day fines beginning Dec. 4 if unresolved, and assessed $250 administrative costs; a Jan. 6, 2026 review was scheduled.
Status hearings and other matters
The magistrate also reviewed earlier cases. The First Baptist Church property (listed in the agenda materials) and several other properties reported compliance following reinspection; the town sought only the $250 administrative costs in those matters. Bradford Joseph Benson Trust ("Buffalo Grill") remained noncompliant after its compliance date; the magistrate ordered fines to run from Oct. 20, 2025 until compliance is achieved and discussed certifying assessed administrative fees as liens. The clerk and magistrate confirmed there would be no hearings in November and that the next hearing date is Dec. 4, 2025.
Why this matters
These orders make explicit the town's enforcement posture on unpermitted work and improper property uses following Hurricane Ian-era issues and continuing code enforcement activity. The Dec. 3 compliance date and Jan. 6 review give owners a defined timeline to secure permits or remove violating work; the $250-per-day penalty and $250 administrative cost create a clear financial consequence for continued noncompliance.
What happens next
Each reviewed matter was set for a compliance check on Dec. 3 (with fines to start Dec. 4 if unresolved) and a status review on Jan. 6, 2026. Property owners who can show permit applications in process or circumstances beyond their control may seek deadline adjustments at the January review, but owners should expect fines and potential lien certification if violations remain uncorrected.